In simple terms a party wall sits astride a boundary to land owned by several different owners and forms part of a building using one or both properties.
A wall which sits astride the boundary but will not form part of a building is a Party Fence Wall for the purposes of the Act.
The word Party Structure is also used in the Act. A floor structure separating flats is one example of a Party Structure.
When does the Party Wall Act apply?
The Act will apply when:
Various works are completed to a preexisting Party Wall or Party Structure
New buildings or structures are erected around or sat astride the boundary line
Excavations are completed up to 6 metres of a structure on a neighbouring property which have the potential to undermine the foundations of that structure
So the Act applies to my works, what do I really do now?
If the Act applies you will end up obliged to serve a Party Wall Notice on your neighbour, setting out information on the works at hand and providing key information such as for example plans, proposed commencement dates etc. In the case of adjacent excavations you may need to provide specialist information on foundations.
You will end up obliged to provide your neighbours between 1 and 2 months notice of commencement of work based on which portion of the Act applies.
What goes on if my neighbour objects to my Party Wall Notice?
The Act gives you the right to complete various types of focus on or about the boundary line so provided your works are included in the Act your neighbour's objection cannot stop you going ahead but will mean that you will be obliged to follow the Dispute procedure set out under Section 10 of the Act.
This requires one to appoint a celebration Wall Surveyor to act in your stead. Your neighbour gets the right to appoint their very own surveyor or they could agree in the appointment of a single 'Agreed' surveyor. Where two surveyors are appointed they'll agree on the appointment of a third surveyor to adjudicate/referee where the two surveyors cannot agree.
The surveyor prepares the Agreement/Award which sets out the rights and obligations of both parties and includes a Schedule of Condition of the neighbouring property to record its condition before works start.
Exactly what is a Party Wall Agreement/Award?
This is a written document made by the surveyor detailing the rights and obligations of the owners. The contents are agreed by the survey and upon completion the Agreement is served on the owners.
This is a legally binding document which can be enforced by the County Court where necessary.
Evans Jones are a team of Chartered Building Surveyors in Cheltenham, who have been dealing with the Party Wall Act since its inception in 1996. read more can be dealt with by a specialist Party Wall Surveyor with experience of all areas of the Act who is able to advise you simply and clearly how best to meet your obligations beneath the Act.